JUDGMENT :

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The present Cr. Revision Application has been filed against the order dated 13.02.2017 passed in Complaint Case No. 2282 of 2016 (Enq. No. 19 of 2016) by Judicial Magistrate, IInd Class, Motihari, East Champaran, by which, the Judicial Magistrate had dismissed the complaint filed by the petitioner under Section 203 of Cr.P.C.

3. Learned counsel for the petitioner submits that the order under challenge suffered with illegality and is basically an incorrect order due to two reasons. The first reason he has contended that complaint case of petitioner was filed under the ingredients of Sections 363, 363A & 364 of the Indian Penal Code. It is very clear that all the three sections are triable by either Judicial Magistrate, Ist Class or by the Court of Session Judge and punishment is more than two years. Counsel submits that in such sections, the Judicial Magistrate, IInd Class has no power to pass order on cognizance.

4. So far as other contention is concerned, counsel submits that from the contents of cognizance order, it transpires that every ingredient was there but only proof of age was not provided